Colorado municipalities peruse potential impacts of Amendment 64

By Katie Collins Brush News-Tribune Staff Writer

Posted:
11/19/2012 04:00:00 PM MST

Updated:
11/19/2012 10:52:04 PM MST

In the aftermath of Colorado voters’ approval of Amendment 64 regarding the legal use and regulation of marijuana on November 6, municipalities throughout the state have begun perusing the potential impacts.As the entire country closely watches as states including Colorado and Washington begin blazing a path for the framework for implementing the legal use of marijuana, local governments have begun eyeing larger cities as officials start to release statements on the subject. Although Amendment 64 will not go into effect until 30 days after the vote is approved and after the legislative session convenes in January to begin the drafting of enabling legislation, officials in larger areas of the state have already begun issuing statements on how their local governments will tackle aspects of the issue. In Boulder County, where 66 percent of voters approved Amendment 64, District Attorney Stan Garrett announced that his office will dismiss all pending cases of marijuana possession under one ounce. Garrett also remarked that his office will not prosecute any marijuana paraphernalia charges. As the amendment provides for persons 21-years-of-age or older to legally consume or possess one ounce or less of marijuana without a doctor’s recommendation and to tax marijuana similarly to alcohol, it also creates a framework for a regulatory scheme for retail sales. Longmont closely followed in-line with the sentiments of Boulder officials and Longmont Police will no longer issue summonses or charge people over the age of 21 for possession of one ounce or less.

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In the City of Brush, during a regular November 13 meeting of the Brush City Council, city staff and council members were handed a statement from the Colorado Municipal League, also heralded as the voice of Colorado’s cities and towns, to peruse through to enable a sense of what the framework of Amendment 64 might mean locally. With the amendment providing for local municipalities to set individual rules and regulations within city limits, the fact that 58 percent of Morgan County voted against the amendment may have an impact on how issues regarding retail sales and distribution might look locally. Sale and Retail ofMarijuanaIn the CML statement it is outlined that, unless specifically prohibited, special retail stores will be allowed to sell marijuana in a system of licensed establishments regulated by the state and local governments.Retail operations may be licensed as a medical marijuana or retail marijuana establishment, not both. Medical marijuana centers choosing to convert to a retail operation will pay a reduced fee for the marijuana application, but otherwise Amendment 64 has no impact on the existing medical marijuana regulatory scheme.Local governments may choose to prohibit or license retail marijuana or medical marijuana operations, and in the 2011 election, Brush voters prohibited medical marijuana centers within by 66 percent.However, how a municipality has addressed medical marijuana does not dictate how they will or should address retail establishments. Growing of MarijuanaAmendment 64 also allows for people to grow up to six marijuana plants in their home or other enclosed, locked space. However, it is not clear at this time how this constitutional protection will interact with local land use powers, particularly any ordinances pertaining to home grow. RegulationsAmendment 64 tasks the Colorado Department of Revenue with issuing regulations for retail marijuana store by July 1, 2013. Municipalities should opt whether to adopt prohibition or local restrictions on the time, place, manner and number of retail marijuana operations in their jurisdiction before July 1, 2013.

Local governments can prohibit by council action at any time, but the first opportunity to refer a retail marijuana prohibition question to the ballot will be the November 4, 2014 general election. In the event that the Colorado Department of Revenue does not issue regulations by July 1, 2013, then cities and towns may choose to issue local licenses starting on October 1, 2013, but there is no requirement for local governments to issue retail marijuana licenses in the absence of a state licensing program. If the Department of Revenue does not issue licenses by July 1, 2013, then municipalities that opt to issue local licenses will have 90 days to enact a regulation, licensing and enforcement program. It is also important to remember that while officials in Colorado and Washington have said they'll comply with voters' wishes, they've also been up front about the fact that the federal government could make things complicated as the drug is still illegal on the federal level. It is also possible that a lawsuit challenging the legality of Amendment 64 is forthcoming.

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